Open Access. Powered by Scholars. Published by Universities.®

Legal Profession Commons

Open Access. Powered by Scholars. Published by Universities.®

Criminal Procedure

Fordham Law School

Model Rule 3.8; professional regulation; criminal prosecution

Articles 1 - 1 of 1

Full-Text Articles in Legal Profession

Prosecutors And Professional Regulation, Bruce A. Green Jan 2012

Prosecutors And Professional Regulation, Bruce A. Green

Faculty Scholarship

Prosecutors often express mistrust of professional regulators, their rules and their processes. This may have been more understandable twenty years ago, when prosecutors perceived that the organized bar had been captured by defense lawyers seeking to use professional regulation as a means of imposing limits on criminal investigative authority that the law did not otherwise recognize. Although that criticism no longer has much basis in reality, it has persisted in the rhetoric prosecutors employ in advocacy regarding their professional conduct. This article explores prosecutors’ public attitude toward professional regulation, beginning with a brief account of their responses two decades ago ...